The Universal Declaration of Human Rights Article 23 explanation establishes comprehensive rights concerning work and employment as fundamental to human dignity. This detailed article states: “(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests.” In essence, the Universal Declaration of Human Rights Article 23 meaning is a four-part guarantee of economic justice: the right to work, the right to equal and fair pay, the right to a living wage, and the right to unionize.
The Four Pillars of Work-Related Rights
Article 23 provides one of the most detailed frameworks in the UDHR, recognizing work as central to human dignity. A thorough explanation of The Universal Declaration of Human Rights Article 23 requires examining each of its substantive clauses.
The Right to Work and Free Choice of Employment
This first clause establishes work as a right, not a privilege, and protects worker autonomy.
- Right to Work: Imposes a duty on states to pursue policies aimed at full employment and to provide vocational training. It does not guarantee a specific job but guarantees the opportunity to work.
- Free Choice of Employment: Prohibits forced or compulsory labor (complementing Article 4) and protects against employment that is coercive or exploitative by nature.
The Principle of Equal Pay for Equal Work
This is a foundational non-discrimination clause in the workplace.
- It mandates that pay must be based on the value of the work performed, not on the personal characteristics of the worker (such as gender, race, or ethnicity).
- This principle has been crucial in the global fight against the gender pay gap and other forms of wage discrimination.
The Right to Just and Favourable Remuneration and Conditions
This clause sets qualitative standards for employment.
- Just and Favourable Remuneration: Requires pay sufficient to provide a dignified existence for the worker and their family—a living wage, not merely a minimum wage. It must be supplemented by social security (linking to Article 22) when needed.
- Just and Favourable Conditions: Encompasses safe and healthy working environments, reasonable working hours, and periodic paid holidays (further elaborated in Article 24).
The Right to Form and Join Trade Unions
This clause recognizes collective bargaining as essential for balancing power between workers and employers.
- It protects the freedom of association in the workplace (a specific application of Article 20).
- It enables workers to organize collectively to negotiate for better wages, conditions, and to defend their rights.
Modern Labor Market Challenges
A contemporary summary of The Universal Declaration of Human Rights Article 23 must address its application in today’s evolving world of work. Key challenges include:
- The Gig Economy: Ensuring platform workers enjoy basic protections, fair pay, and the right to collective bargaining.
- Informal Labor: Extending protections to the vast informal sector where workers often lack social security and job security.
- Global Supply Chains: Holding multinational corporations accountable for labor rights violations among their suppliers.
- Automation and Just Transition: Managing job displacement while ensuring retraining and social protection for affected workers.
For the official text, you can download The Universal Declaration of Human Rights Article 23 PDF via the UN Human Rights Office website.
Real-World Applications and Violations
Identifying the Universal Declaration of Human Rights Article 23 example highlights its critical role in daily life.
- Violation of Free Choice: A migrant worker having their passport confiscated by an employer, creating a situation of forced labor.
- Violation of Equal Pay: A company systematically paying female employees less than male employees for identical roles and performance.
- Violation of Just Remuneration: Wages so low that a full-time worker cannot afford adequate housing, food, and healthcare for their family.
- Violation of Union Rights: An employer threatening or firing workers for attempting to organize a union.
For Tagalog speakers and advocates, the local translation is key. Searching for “universal declaration of human rights article 23 tagalog” provides: “(1) Ang bawat tao’y may karapatan sa paggawa, sa malayang pagpili ng mapapasukang hanapbuhay, sa makatarungan at kanais-nais na mga kalagayan sa paggawa at sa pangangalaga laban sa kawalang hanapbuhay. (2) Ang bawat tao’y, nang walang ano mang pagtatangi, ay may karapatan sa pantay na kabayaran sa pantay na paggawa. (3) Ang bawat taong nagpapagawan ay may karapatan sa makatarungan at kanais-nais na kabayaran na titiyak sa kanya at sa kanyang mag-anak ang isang pamumuhay karapat-dapat sa pagkatao, at pupunan, kung kinakailangan, sa pamamagitan ng ibang paraan ng pangangalagang panlipunan. (4) Ang bawat tao’y may karapatan na magtatag at umanib sa mga unyon ng mga manggagawa upang ipangalaga ang kanyang mga interes.”
Step-by-Step: Understanding and Claiming Your Work Rights
If your employment rights under Article 23 are at risk, consider this practical pathway.
- Identify the Specific Violation: Determine which pillar is affected—Is it pay discrimination, unsafe conditions, anti-union tactics, or wages below a living standard?
- Document the Evidence: Keep records of pay slips, work hours, communications, incident reports, and witness accounts. For pay discrimination, comparative data is crucial.
- Know Your National Laws: Research your country’s labor code, minimum wage laws, occupational safety regulations, and trade union laws. These are the primary tools for enforcing Article 23.
- Use Internal Channels: If safe, raise the issue through internal grievance mechanisms or your worker representative/union.
- Seek External Enforcement: File a complaint with your national labor department, ombudsman, or labor court. Contact trade unions or labor rights NGOs for support and legal advice.
Educational Resources and Legal Frameworks
Article 23’s principles are expanded in detailed International Labour Organization (ILO) conventions, forming the basis of international labor law.
| Resource / Instrument | Description | Relevance to Article 23 |
|---|---|---|
| ILO Fundamental Conventions (Core Labor Standards) | Cover freedom of association, collective bargaining, forced labor, child labor, and non-discrimination. | The binding international treaties that operationalize Article 23’s principles. |
| International Covenant on Economic, Social and Cultural Rights, Articles 6-9 | The binding UN treaty rights to work, just conditions, and trade unions. | Provides the comprehensive UN legal framework for Article 23. |
| International Workers’ Day (Labour Day) | Observed every May 1st. | A global day celebrating workers’ rights and the ongoing struggle for fair labor conditions. |
| ILO International Training Centre (ITCILO) | Offers courses on labor law, social protection, and workers’ rights. | The premier global institution for education on Article 23-related issues. |
| Worker Rights Consortium & Fair Labor Association | Independent organizations monitoring global supply chains. | Provide practical tools and reports on contemporary violations. |
Frequently Asked Questions (FAQ)
Q: What is a simple summary of Article 23?
A: A simple summary of The Universal Declaration of Human Rights Article 23 is that everyone has the right to a job, to be paid equally for equal work, to earn a living wage that supports a decent life, and to join a union. It also guarantees the right to safe working conditions and protection from unemployment.
Q: Does the “right to work” mean the government must give me a job?
A: Not exactly. It means the government must adopt economic policies that promote full employment and must not arbitrarily prevent you from working. It is a right to the opportunity to gain a livelihood through work, not a guarantee of a specific public-sector job.
Q: What is the difference between a minimum wage and a living wage?
A: A minimum wage is the legal floor set by government, which may or may not be sufficient. A living wage (as implied in Article 23(3)) is a moral and economic benchmark—it is the income needed for a worker to afford a decent standard of living for themselves and their family, including food, housing, healthcare, and education.
Q: Can my employer stop me from joining a union?
A: No. Retaliation for union activity is a serious violation of freedom of association. This includes firing, demoting, or threatening workers for organizing or joining a trade union.
Q: How does Article 23 apply to people who are self-employed or in the informal sector?
A: The principles still apply. States have an obligation to progressively extend social protection (like healthcare or pensions) to all workers, and to ensure that informal workers are protected by labor laws and have the right to organize. The core rights to just remuneration and safe conditions are universal.
Q: What if my country hasn’t ratified the relevant ILO conventions?
A: Even without ratification, the principles in Article 23 of the UDHR carry significant moral and political weight. Furthermore, some principles (like the prohibition of forced labor) are considered customary international law, binding on all states. Domestic advocacy can focus on aligning national law with these universal standards.